HomeMy WebLinkAboutContract 44786 (2)COMMUNITY FACILITIES AGREEMENT
THE STATE OF TEXAS
COUNTY OF TARRANT
City Secretary
Contract No. t,-1t/ A61
WHEREAS, the undersigned Developer ("Developer") desires to make certain
improvements ("Improvements") related to a project as described below ("Project") within the City
of Fort Worth, Texas ("City"); and
WHEREAS, the Developer and the City desire to enter into this Community Facilities
Agreement ("CFA" or "Agreement") in connection with the Improvements.
Developer and Project Information:
Developer Company Name: ivMQ Lakewood Hill, LLC
Address, State, Zip Code: 14801 Quorum Dr., Suite 160 I Dallas, TX 75254
Phone, E-Mail: (972) 980-8806 I ruphoff@mqpartners.com
Authorized Signatory/Title: Rolland Uphoff, Principal
Project Name and Brief Description: Quail Valley Median Opening
Project Location: NWC N. Tarrant Pkwy. & Quail Valley Dr.
Plat Case No.: N/A Plat Name: N/A
Council District: 2 City Project No: 02079 CFA: DOE: 7006
To be completed by staff.
Received by: ; Y
1
Date: a —A I
OFFICIAL RECORD
CITY SECRETARY !.
romownio Tx E
RECEIVED SEP 11 Yfl2
NOW, THEREFORE, For and in consideration of the covenants and
conditions contained herein, the City and the Developer do hereby agree as follows:
General Requirements
A. The Policy for the Installation of Community Facilities ("Policy") dated March 2001,
approved by the City Council of the City of Fort Worth, as amended, is hereby
incorporated into this Agreement as if copied herein verbatim. Developer agrees to
comply with all provisions of said Policy in the performance of its duties and
obligations hereunder and to cause all contractors hired by Developer to comply with
the Policy in connection with the work performed by said contractors.
B. Developer shall provide financial security in conformance with paragraph 6, Section
II, of the Policy and recognizes that there shall be no reduction in the collateral until
the Project has been completed and the City has officially accepted the
Improvements. Developer further acknowledges that said process requires the
contractor to submit an Affidavit of Bills paid signed by its contractor and Consent
of Surety signed by its surety to ensure the contractor has paid the sub -contractor
and suppliers in full. Additionally, the contractor will provide in writing that the
contractor has been paid in full for all the services provided under this contract.
C. Developer agrees to cause the construction of the Improvements contemplated by
this Agreement and that said construction shall be completed in a good and
workmanlike manner and in accordance with all City standards and the City -
approved construction plans, specifications and cost estimates provided for the
Project and the exhibits attached hereto.
D. The following checked exhibits are made a part hereof: Water (A) Sewer (A-1)
Paving (B) X Storm Drain (B-1) X, Street Lights & Signs (C) .
E. The Developer shall award all contracts for the construction of the Improvements in
accordance with Section II, paragraph 7 of the Policy and the contracts shall be
administered in conformance with paragraph 8, Section II, of the Policy.
F. For all Improvements included in this Agreement for which the Developer awards
construction contract(s), Developer agrees to the following:
i. To employ a construction contractor who is approved by the director of the
department having jurisdiction over the infrastructure to be constructed, said
contractor to meet City's requirements for being insured, licensed and bonded to do
work in public streets and/or prequalified to perform water/waste water
construction as the case may be.
ii. To require its contractor to furnish to the City a payment and performance bond in
2
the names of the City and the Developer for one hundred percent (100%) of the
contract price of the Improvements, and a maintenance bond in the name of the
City for one hundred percent (100%) of the contract price of the Improvements for
a period of two (2) years insuring the maintenance and repair of the constructed
infrastructure during the term of the maintenance bond. All bonds to be furnished
before work is commenced and to meet the requirements of Chapter 2253, Texas
Government Code.
iii. To require the contractor(s) it hires to perform the construction work contemplated
herein to provide insurance equal to or in excess of the amounts required by the
City's standard specifications and contract documents for developer -awarded
infrastructure construction contracts. The City shall be named as additional
insured on all insurance required by said documents and same will be evidenced on
the ACORD Certificate of Insurance supplied by the contractor's insurance
provider and bound in the construction contract book.
iv. To require its contractor to give 48 hours notice to the City's Construction Services
Division of intent to commence construction so that City inspection personnel will
be available; and to require the contractor to allow the construction to be subject to
inspection at any and all times by City inspection forces, and not to install or
relocate any sanitary sewer, storm drain, or water pipe unless a responsible City
inspector is present and gives his consent to proceed, and to make such laboratory
tests of materials being used as may be required by the City.
v. To require its contractor to have fully executed contract documents submitted to
the City to schedule a Pre -Construction Meeting. The submittal should occur no
less than 10 working days prior to the desired date of the meeting. No construction
will commence without a City -issued Notice to Proceed to the Developer's
contractor.
vi. To delay connections of buildings to service lines of sewer and water mains
constructed under this Agreement until said sewer and water mains and service
lines have been completed to the satisfaction of the Water Department.
G. Developer agrees to provide, at its expense, all engineering drawings and documents
necessary to construct the improvements required by this Agreement.
H. Developer shall cause the installation or adjustment of the required utilities to serve the
development or to construct the Improvements required herein.
I. City shall not be responsible for any costs that may be incurred by Developer in the
relocation of any utilities that are or may be in conflict with any of the community
facilities to be installed hereunder.
J. Developer hereby releases and agrees to indemnify, defend and hold the City
harmless for any inadequacies in the preliminary plans, specifications and cost
estimates supplied by the Developer for this Agreement.
K. Developer agrees to provide, at its expense, all necessary rights of way and easements
across property owned by Developer and required for the construction of the current
and future improvements provided for by this Agreement.
L. The Developer further covenants and agrees to, and by these presents does
hereby, fully indemnify, hold harmless and defend the City, its officers, agents
and employees from all suits, actions or claims of any character, whether real or
asserted, brought for or on account of any injuries or damages sustained by any
persons (including death) or to any property, resulting from or in connection
with the construction, design, performance or completion of any work to be
performed by said Developer, his contractors, subcontractors, officers, agents or
employees, or in consequence of any failure to properly safeguard the work, or
on account of any act, intentional or otherwise, neglect or misconduct of said
DEVELOPER, his contractors, sub -contractors, officers, agents or employees,
whether or not such injuries, death or damages are caused, in whole or in
part, by the alleged negligence of the City of Fort Worth, its officers, servants,
or employees.
M. Developer will further require its contractors to indemnify, defend and hold
harmless the City, its officers, agents and employees from and against any and all
claims, suits or causes of action of any nature whatsoever, whether real or
asserted, brought for or on account of any injuries or damages to persons or
property, including death, resulting from, or in any way connected with, the
construction of the infrastructure contemplated herein, whether or not such
injuries, death or damages are caused, in whole or in part, by the alleged
negligence of the City of Fort Worth, its officers, servants, or employees. Further,
Developer will require its contractors to indemnify, and hold harmless the City for
any losses, damages, costs or expenses suffered by the City or caused as a result of
said contractor's failure to complete the work and construct the improvements in
a good and workmanlike manner, free from defects, in conformance with the
Policy, and in accordance with all plans and specifications.
N. Upon completion of all work associated with the construction of the infrastructure and
Improvements, Developer will assign to the City a non-exclusive right to enforce the
contracts entered into by the Developer with its contractor along with an assignment of
all warranties given by the contractor, whether express or implied. Further, Developer
agrees that all contracts with any contractor shall include provisions granting to the
City the right to enforce such contracts as an express intended third party beneficiary
of such contracts.
O. Inspection and material testing fees are required as follows:
i. Developer shall pay in cash water and wastewater inspection fees and material
testing fees equal to two percent (2%) for a total of 4% of the developer's share of the
total construction cost as stated in the construction contract.
ii. Developer shall pay in cash paving and storm drain inspection fees equal to four
percent (4%) and material testing fees equal to two percent (2%) for a total of 6% of
the developer's share of the total construction cost as stated in the construction
contract.
iii. Developer shall pay in cash the total cost of streetlights or if the city is not
installing the streetlights, inspection fees equal to four percent (4%) of the
developer's share of the streetlight construction cost as stated in the construction
contract.
iv. Developer shall pay in cash the total cost of street signs.
P. COMPLETION WITHIN 1 YEAR
i. If applicable, the City's obligation to participate (exclusive of front foot charges) in
the cost of the Improvements shall terminate if the Improvements are not
completed within one (1) year; provided, however, if construction of the
Improvements has started within the one year period, the developer may request
that the CFA be extended for (1) one additional year. If the Improvements are not
completed within such extension period, there will be no further obligation of the
City to participate. City participation in a CFA shall be subject to the availability
of City funds and approval by the Fort Worth City Council.
ii. Nothing contained herein is intended to limit the Developer's obligations
under the Policy, this Agreement, its financial guarantee, its agreement with
its contractor or other related agreements.
iii. The City may utilize the Developer's financial guarantee submitted for this
Agreement to cause the completion of the construction of the Improvements if at
the end of one (1) year from the date of this Agreement the Improvements have not
been completed and accepted.
iv. The City may utilize the Developer's financial guarantee to cause the completion of
the construction of the Improvements or to cause the payment of costs for
construction of same before the expiration of one (1) years if the Developer
breaches this Agreement, becomes insolvent or fails to pay costs of construction
and the financial guarantee is not a Completion Agreement. If the financial
guarantee is a Completion Agreement and the Developer's contractors and/or
suppliers are not paid for the costs of supplies and/or construction, the contractors
and/or suppliers may put a lien upon the property which is the subject of the
Completion Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
Cost Summary Sheet
Project Name: Quail Valley Median Opening
CFA No.: 2013-042 DOE No.: 7006
Items Developer's Cost
A. Water and Sewer Construction
1. Water Construction
2. Sewer Construction
Water and Sewer Construction Total $
B. TPW Construction
1. Street $ 45,124.25
2. Storm Drain $ 52,458.60
3. Street Lights Installed by Developer $
TPW Construction Cost Total $ 97,582.85
Total Construction Cost (excluding the fees): $ 97,582.85
Construction Fees:
C. Water/Sewer Inspection Fee (2%) $
D. Water/Sewer Material Testing Fee (2%) $
Sub -Total for Water Construction Fees $
E. TPW Inspection Fee (4%) $ 3,903.31
F. TPW Material Testing (2%) $ 1,951.66
G. Street Light lnspsection Cost $
H. Street Signs Installation Cost $
Sub -Total for TPW Construction Fees $ 5,854.97
Total Construction Fees: $ 5,854.97
Choice
Financial Guarantee Options, choose one Amount (ck one)
'Bond = 100% $ 97,582.85
'Completion Agreement = 100% / Holds Plat $ 97,582.85
'Cash Escrow Water/Sanitary Sewer= 125% $
'Cash Escrow Paving/Storm Drain = 125% $ 121,978.56
'Letter of Credit = 125% w/2yr expiration period $ 121,978.56
7
IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed
in quadruplicate in its name and on its behalf by its Assistant City Manager, attested by its City
Secretary, with the corporate seal of the City affixed, and said ev per has executed this
instrument in quadruplicate, at Fort Worth, Texas this / cday of
,201�
CITY OF FORT WORTH - Recommended by:
Water Department
Wendy Chi-Babulal, EMBA, P.E.
Development Engineering Manager
Approved as to Form & Legality:
Douglas W. Black
Assistant City Attorney
M&C No. X.V4
Date:
ATTEST:
✓Mary J. Kay
City Secrets
ATTEST:
Signature
Print Name:
Title:
Transportation & Public Works Department
Douglas Wiersig, P.E.
Director
Approved by City Manager's Office
--7144 Chi
Fernando Costa
Assistant City Manager
DEVELOPER:
MQ Lakewood ill, LLC09
6
X
8
Signature ;
Print Name: 1'\ o & ' ( �4eX
Title: MA' A4 IPA T -* i-.
OFFICIAL RECORD
CITY SECRETARY
FT, WORTH, TX
Check items associated with the project being undertaken; checked items must be included as
Attachments to this Agreement
Included Attachment
® Location Map
❑ Exhibit A: Water Improvements
❑ Water Estimate
❑ Exhibit A-1: Sewer Improvements
❑ Sewer Estimate
® Exhibit B: Paving Improvements
® Paving Estimate
® Exhibit B-1: Storm Drain Improvements
® Storm Drain Estimate
❑ Exhibit C: Street Lights and Signs Improvements
❑ Street Lights and Signs Estimate
(Remainder of Page Intentionally Left Blank)
9
/N. TARRANT P
PROJECT
LOCATION
37
-CW
TY MCar
N.T.S.
MAPSCO NO. 36H
COUNCIL DISTRICT NO. 2
Winkelmann
& Associates, Inc.
CONSULTING CIVIL ENGINEERS • SURVEYORS
6750 HILLCREST PLAZA DRIVE, SUITE 325 (972) 490-7090
[MAUAS. TEXAS 75230 (972) 490-7099 FAX
Texas Engineers Registry lion No. AO
Texas Soo, /ors No 100866-00
COPYRIGHT 0 2011, Wnketrnann d AssoGntas, Inc
Scale : N.T.S Dote : 03-22-2013
Dwg. File : 34263—CFA.DWG
Project No. : 34263
3: \342\63\ENGINEERING\CFA\34263—CFA.dwg
VICINITY MAP
QUAIL VALLEY MEDIAN OPENING
FORT WORTH, TEXAS
J. EDMONDS SURVEY, ABSTRACT NO. 457
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
MARGAUX DEVELOPMENT COMPANY
14801 QUORUM DRIVE #160
DALLAS, TX 75254
SHEET
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CONSULTING CIVIL ENGINEERS ■ SURVEYORS
6750 MUCKS? PLAZA DRIVE, SUITE 325 (972) 490-7090
DALLAS, TEXAS 75230 (972) 490-7099 FAX
Texas Enc.) "seers Registro tion No. 85
Texas st„veycrs No 1C0866-00
COP7RIGHT 0 2011, Winkalmunn & Asn.ocin tee, Inc.
Scale : 1" = 60' Date : 03-22-2013
Dwg. File : 34263-CFA.DWG
Project No.: 34263
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EXHIBIT A — PAVING
QUAIL VALLEY MEDIAN OPENING
FORT WORTH, TEXAS
J. EDMONDS SURVEY, ABSTRACT NO. 457
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
MARGAUX DEVELOPMENT COMPANY •
14801 QUORUM DRIVE #160
DALLAS, TX 75254
0' 50' 100'
SCALE: 1" = 100'
SHEET
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(60' RIGHT—OF—WAY)
0' 5p' 100'
SCALE: 1" = 100'
P201=6SED
24" STORM._
REMAINDER
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"NO BUILDINGS"
Winkelmann
, VY & Associates, Inc.
CONSULTING CIVIL ENGINEERS • SURVEYORS
6750 HILLCREST PLAZA DRIVE, SUITE 325 (972) 490-7090
DALLAS, TEXAS 75230 (972) 490-7099 FAX
Te,os Eng.iocr, Regimiret for, No. A6
Tems Surve Tars No 100866-00
COPYRISH 7 J 2011, 7fnkelmonn d Associctes, inr.
Scale : 1" = 100' Date : 03-22-2013
Dwg. File : 34263-CFA.DWG
Project No. : 34263
EXHIBIT B — STORM
QUAIL VALLEY MEDIAN OPENING
FORT WORTH, TEXAS
J. EDMONDS SURVEY, ABSTRACT NO. 457
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
MARGAUX DEVELOPMENT COMPANY
14801 QUORUM DRIVE #160
DALLAS, TX 75254
SHEET
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OF
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CONSULTING CIVIL ENGINEERS • SURVEYORS
5750 HILLCREST PLAZA DRIVE, SUITE 325 (972) 490-7090
DALLAS, TEXAS 75230 (972) 490-7099 FAX
Tenn Eng,n errs Registration No. E6
Texas Surveyor, Mo 10G666-00
COPYRIGHT a 2011, 02,kelmcnn & Assodates, Inc
Scale : 1" = 100' Date : 03-22-2013
Dwg. File : 34263—CFA.DWG
Prokect No. : 34263
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EXHIBIT C — STREET SIGNS
QUAIL VALLEY MEDIAN OPENING
FORT WORTH, TEXAS
J. EDMONDS SURVEY, ABSTRACT NO. 457
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
MARGAUX DEVELOPMENT COMPANY
14801 QUORUM DRIVE #160
DALLAS, TX 75254
0' 50' 100'
SCALE: 1" = 100'
SHEET
4
OF
4
\342\63\ENGINEERING\CFA\34263-CFA.dwg
74
20
1160
1160
779
275
110
78
4
4
4
1160
QUAIL VALLEY MEDIAN OPENING
DOE NO. 7006
CITY PROJECT NO. 02079
EXHIBIT D - DRAINAGE AND PAVING
1 Remove Asphalt (02 41 15)
2 Hydrated Lime (32 11 29)
3 6" Lime Treatment (32 11 29)
4 2" Asphalt Pvmt Type D (32 12 16)
5 4" SLD Pvmt Marking TYI (Y) (32 17 23)
6 8" SLD Pvmt Marking TYI (W) (32 17 23)
7 8" SLD Pvmt Marking TYI (Y) (32 17 23)
8 24" SLD Pvmt Marking Paint (W) (32 17 23)
9 Lane Legend Arrow (3217 23)
10 Lane Legend Only (32 17 23)
11 24" RCP, Class IV (33 41 00)
12 24" SET, 1 Pipe (33 39 40)
13 Install Alum Sign (3441 30)
14 Traffic Control (34 71 13)
15 5" Concrete Channel
16 Concrete Channel Removal
17 7" Flex Base, Type B, GR-1
18 Silt Fence
19 Rock Check Damn
20 Stabilized Construction Entrance
21 Inlet Protection
SY
TON
SY
SY
LE
LF
LF
LF
EA
EA
LF
EA
EA
MO
SY
SY
SY
LF
EA
EA
EA
120
2
102
100
1
1
2
1
123 $ 9.00 $1,107.00
20 $ 170.00 $3,400.00
1160 $ 3.20 $3,712.00
1160 $ 13.69 $15,880.40
779 $ 0.85 $662.15
275 $ 1.70 $467.50
110 I $ 1.70 1 $187.00
78 $ 5.10 $397.80
4 $ 100.00 $400.00
4 $ 110.00 $440.00
120 $ 91.67 $11,000.40
2 $ 2,125.00 $4,250.00
4 $ 395.00 $1,580.00
1 $ 1,640.00 $1,640.00
102 $ 72.50 $7,395.00
74 $ 9.00 $666.00
1160 $ 36.61 $42,467.60
100 $ 1.50 $150.00
1 $ 800.00 1 $800.00
1 $ 900.00 1 $900.00
2 $ 40.00 $80.00
CFW Developer Prop
Project Name: QUAIL VALLEY MEDIAN OPENING
City Project Number: 02079
0241.1100
3211.0400
3211.0501
3212.0302
3217.0002
3217.0201
3217.0202
3217.0503
3217.1002
3217.1004
3341.0206
3349.4105
3441.4003
3471.0001
9999.0001
9999.0002
9999.0003
9999.0004
9999.0005
9999.0006
Description
Remove Asphalt Pvmt
Hydrated Lime
6" Lime Treatment
2" Asphalt Pvmt Type D
4" SLD Pvmt Marking HAS (Y)
8" SLD Pvmt Marking HAS (W)
8" SLD Pvmt Marking HAS (Y)
24" SLD Pvmt Marking Paint (W)
Lane Legend Arrow
Lane Legend Only
24" RCP, Class IV
24" SET, 1 pipe
Furnishllnstall Alum Sign Ground Mount City Std.
Traffic Control
5" conc Channel
Conc Channel Removal
7", Type B, H.M.A.0
Silt Fence
Rock Check Dam
Stabilized Construction Entrance
9999.0007 Inlet Protection
City of Fort Worth, Texas
Developer Project Proposal Tool
PMO Released 20120924
Page 1 of 1
'er Participation
oper Cost
$1,107.00
$3,400.00
83,712.00
;15,880.40
$662.15
$467.50
$187.00
$397.80
$400.00
$440.00
i 11,000.40
$4,250.00
$1,580.00
$1,640.00
$7,395.00
$666.00
542,467.60
$150.00
$800.00
$900.00
Developer City
Percentage Quantity
100.00000000%
100.00000000%
100.00000000%
100.00000000%
100.00000000%
100.00000000%
100.00000000%
100.00000000%
100.00000000%
100.00000000%
100.00000000%
100.00000000%
100.00000000%
100.00000000%
100.00000000%
100.00000000%
100.00000000%
100.00000000%
100.00000000%
100.00000000%
$80.00 100.00000000%
597, 582.85 100.00000000%
City Participation
City Cost City Percentage
$0.00 0.00000000%
$0.00 0.00000000%
$0.00 0.00000000%
$0.00 0.00000000%
$0.00 0.00000000%
$0.00 0.00000000%
$0.00 0.00000000%
$0.00 0.00000000%
$0.00 0.00000000%
$0.00 0.00000000%
$0.00 0.00000000%
$0.00 0.00000000%
$0.00 0.00000000%
$0.00 0.00000000%
$0.00 0.00000000%
$0.00 0.00000000%
$0.00 0.00000000%
$0.00 0.00000000%
$0.00 0.00000000%
$0.00 0.00000000%
$0.00 0.00000000%
$0.00 0.00000000%